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(영문) 서울북부지방법원 2012.12.07 2012고합559
강도등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Justice] On December 9, 2010, the Defendant was sentenced to a suspended sentence of two years and six months in Seoul High Court on the grounds of rape, injury, etc., and the Defendant is currently under suspended sentence, which became final and conclusive on December 17, 2010.

【Criminal Facts】

On November 8, 2011, at around 13:10 on November 13:10, 201, the Defendant intruded with the victim D (n, 29 years of age) of the victim D (n, and 29 years of age) located in the Gangnam-gu Seoul Metropolitan Government C3’s mother house through the entrance door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, the Defendant got the victim from resisting the victim's head, face, body door, etc., then deducted the victim’

As a result, the defendant invadedd the victim's mother's house and forcibly took the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Request for confirmation of whether a case related to the DNA conformity is dealt with, direction of investigation, and place of site appointment;

1. On-site photographs;

1. Previous records: Criminal records and other references, and the application of written judgments and statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 333 of the Criminal Act that selects a punishment, and Article 319 (1) of the Criminal Act (the points of intrusion upon residence and the choice of imprisonment);

1. Reasons for sentencing among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (limited to the sum of the long-term punishments of both crimes) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than three years but not more than 33 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) The serious reflection of the crime of robbery (determination of type), general standards, and type 1 (General Robbery) (in the sphere of recommendations) in the basic area [the scope of recommendations] of imprisonment with prison labor for not less than two years but not more than four years (the scope of modified recommendations] and not less than three years but not more than four years (the lower limit of the applicable sentences under the law) (the general mitigation) (the person subject to punishment in the light of the law);

(b) The sentencing criteria for dealing with multiple crimes shall be set.

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